Montana LC LC1309
UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING A SHOWING OF PROOF OF MANDATORY MOTOR VEHICLE LIABILITY PROTECTION WHEN REGISTERING A MOTOR VEHICLE; REMOVING THE EXEMPTION OF MOTORCYCLES AND QUADRICYCLES FROM THE MANDATORY MOTOR VEHICLE LIABILITY PROTECTION LAW; AND AMENDING SECTIONS 61-3-303 AND 61-6-303, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-3-303, MCA, is amended to read:
"61-3-303. Application for registration. (1) Each owner of a motor vehicle operated or driven upon the public highways of this state shall for each motor vehicle owned, except as otherwise provided in this section, file in the office of the county treasurer in the county where the owner permanently resides at the time of making the application or, if the vehicle is owned by a corporation or used primarily for commercial purposes, in the taxing jurisdiction of the county where the vehicle is permanently assigned an application for registration or reregistration on a form prescribed by the department. The application must contain:
(a) the name and address of the owner, giving the county, school district, and town or city within whose corporate limits the motor vehicle is taxable, if taxable, or within whose corporate limits the owner's residence is located if the motor vehicle is not taxable;
(b) the name and address of the holder of any security interest in the motor vehicle;
(c) a description of the motor vehicle, including make, year model, engine or serial number, manufacturer's model or letter, gross weight, declared weight on all trucks for which the manufacturer's rated capacity is 1 ton or less, and type of body and, if a truck, the manufacturer's rated capacity;
(d) the declared weight on all trailers operating intrastate, except travel trailers or trailers and semitrailers registered as provided in 61-3-711 through 61-3-733;
(e) a space in which the person registering the vehicle may indicate the person's desire to donate $1 or more to promote awareness and education efforts for procurement of organ and tissue donations for anatomical gifts; and
(f) a copy of either the insurance card required by 61-6-302, a certificate of self-insurance issued under 61-6-143, or an indemnity bond that complies with the requirements of 61-6-301; and
(f)(g) other information that the department may require.
(2) A person who files an application for registration or reregistration of a motor vehicle, except of a mobile home or a manufactured home as those terms are defined in 15-1-101(1), shall upon the filing of the application pay to the county treasurer:
(a) the registration fee, as provided in 61-3-311 and 61-3-321 or 61-3-456;
(b) except as provided in 61-3-456 or unless it has been previously paid, the motor vehicle fees in lieu of tax or registration fees under 61-3-560 through 61-3-562 imposed against the vehicle for the current year of registration and the immediately previous year; and
(c) a donation of $1 or more if the person has indicated on the application that the person wishes to donate to promote awareness and education efforts for procurement of organ and tissue donations in Montana to favorably impact anatomical gifts.
(3) The application may not be accepted by the county treasurer unless the payments required by subsection (2) accompany the application. Except as provided in 61-3-560 through 61-3-562, the department may not assess or impose and the county treasurer may not collect taxes or fees for a period other than:
(a) the current year; and
(b) the immediately previous year if the vehicle was not registered or operated on the highways of the state, regardless of the period of time since the vehicle was previously registered or operated.
(4) The department may make full and complete investigation of the status of the vehicle and the status of the insurance, self-insurance, or indemnity bond referred to in the document submitted under subsection (1)(f). An applicant for registration or reregistration shall submit proof from appropriate records of the proper county at the request of the department.
(5) Revenue that accrues from the voluntary donation provided in subsection (2)(c) must be forwarded by the respective county treasurer for deposit in the state special revenue fund to the credit of an account established by the department of public health and human services to support activities related to awareness and education efforts for procurement of organ and tissue donations for anatomical gifts."
Section 2. Section 61-6-303, MCA, is amended to read:
"61-6-303. Exempt vehicles. The following vehicles and their drivers are exempt from the provisions of 61-6-301:
(1) a vehicle owned by the United States government or any state or political subdivision;
(2) a vehicle for which cash, securities, or a bond has been deposited or filed with the department upon such terms and conditions providing the same benefits available under a required motor vehicle liability insurance policy;
(3) a vehicle owned by a self-insurer certified as provided in 61-6-143;
(4) an implement of husbandry or special mobile equipment that is only incidentally operated on a highway or property open to use by the public;
(5) a vehicle operated upon a highway only for the purpose of crossing such the highway from one property to another;
(6) a commercial vehicle registered or proportionally registered in this and any other jurisdiction, provided if that vehicle is covered by a motor vehicle liability insurance policy complying with the laws of another jurisdiction in which it is registered;
(7) a motorcycle or quadricycle;
(8)(7) a vehicle moved solely by human or animal power;
(9)(8) a vehicle owned by a nonresident if it is currently registered in the owner's resident jurisdiction and he the owner is in compliance with the motor vehicle liability insurance requirements, if any, of that jurisdiction."
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Latest Version of LC 1309 (LC1309.01)
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